80 FR 31956 - Parts and Accessories Necessary for Safe Operation; Exemption Renewal for the Flatbed Carrier Safety Group

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 107 (June 4, 2015)

Page Range		31956-31957
FR Document		2015-13655

FMCSA renews the Flatbed Carrier Safety Group's (FCSG) exemption which allows the securement of metal coils on a flatbed vehicle, in a sided vehicle, or in an intermodal container loaded with eyes crosswise, grouped in rows, in which the coils are loaded to contact each other in the longitudinal direction. Motor carriers may continue to use the pre-January 1, 2004, cargo securement regulations for the transportation of groups of metal coils with eyes crosswise, as this loading configuration is not currently covered under the Agency's commodity-specific rules for securing metal coils in 49 CFR 393.120. The Agency has concluded that granting this exemption renewal will maintain a level of safety that is equivalent to, or greater than, the level of safety achieved without the exemption. However, the Agency requests comments on this issue, especially from anyone who believes this standard will not be maintained.

Federal Register, Volume 80 Issue 107 (Thursday, June 4, 2015)

[Federal Register Volume 80, Number 107 (Thursday, June 4, 2015)]
[Notices]
[Pages 31956-31957]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-13655]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2010-0177]

Parts and Accessories Necessary for Safe Operation; Exemption
Renewal for the Flatbed Carrier Safety Group

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of renewal of exemption; request for comments.

-----------------------------------------------------------------------

SUMMARY: FMCSA renews the Flatbed Carrier Safety Group's (FCSG)
exemption which allows the securement of metal coils on a flatbed
vehicle, in a sided vehicle, or in an intermodal container loaded with
eyes crosswise, grouped in rows, in which the coils are loaded to
contact each other in the longitudinal direction. Motor carriers may
continue to use the pre-January 1, 2004, cargo securement regulations
for the transportation of groups of metal coils with eyes crosswise, as
this loading configuration is not currently covered under the Agency's
commodity-specific rules for securing metal coils in 49 CFR 393.120.
The Agency has concluded that granting this exemption renewal will
maintain a level of safety that is equivalent to, or greater than, the
level of safety achieved without the exemption. However, the Agency
requests comments on this issue, especially from anyone who believes
this standard will not be maintained.

DATES: This decision is effective June 4, 2015. Comments must be
received on or before July 6, 2015.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) number FMCSA-2010-0177 by any of the following
methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting
comments.
Mail: Docket Management Facility, U.S. Department of
Transportation, Room W12-140, 1200 New Jersey Avenue SE., Washington,
DC 20590-0001.
Hand Delivery: Ground Floor, Room W12-140, DOT Building,
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.
e.t., Monday through Friday, except Federal holidays.
Fax: 1-202-493-2251.
Instructions: Each submission must include the Agency name and
docket number for this notice. For detailed instructions on submitting
comments and additional information on the exemption process, see the
``Public Participation'' heading below. Note that all comments received
will be posted without change to http://www.regulations.gov, including
any personal information provided. Please see the ``Privacy Act''
heading for further information.
Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov or to Room W12-140,
DOT Building, New Jersey Avenue SE., Washington, DC, between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The Federal
Docket Management System (FDMS) is available 24 hours each day, 365
days each year. If you want acknowledgement that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments on-line.
Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Mr. Luke W. Loy, Vehicle and Roadside
Operations Division, Office of Bus and Truck Standards and Operations,
MC-PSV, (202) 366-0676, Federal Motor Carrier Safety Administration,
1200 New Jersey Avenue SE., Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

Background

Under 49 U.S.C. 31136(e) and 31315(b)(1), FMCSA may renew an
exemption from the Federal Motor Carrier Safety Regulations for a two-
year period if it finds ``such exemption would likely achieve a level
of safety that is equivalent to, or greater than, the level that would
be achieved absent such exemption.'' FCSG has requested a two-year
extension for the exemption from 49 CFR 393.120 to allow motor carriers
to comply with the pre-January 1, 2004, cargo securement regulations
(then at 49 CFR 393.100(c)) for the transportation of groups of metal
coils with eyes crosswise. The procedures for requesting an exemption
(including renewals) are set out in 49 CFR part 381.

Basis for Renewing Exemption

FCSG applied for an exemption from 49 CFR 393.120 in 2010 to allow
motor carriers to comply with the pre-January 1, 2004, cargo securement
regulations for the transportation of groups of metal coils with eyes
crosswise. On April 14, 2011, FMCSA published a notice of final
disposition in the Federal Register granting the exemption (76 FR
20867). On June 11, 2013, FMCSA published a notice of final disposition
renewing this exemption until April 13, 2015 (78 FR 35087). The renewal
outlined in this notice extends the exemption through April 13, 2017,
and requests public comment.
FMCSA is not aware of any evidence showing that compliance with the
pre-January 1, 2004, cargo securement regulations for the
transportation of groups of metal coils with eyes crosswise, in
accordance with the conditions of the original exemption,

[[Page 31957]]

has resulted in any degradation in safety. The Agency believes that
extending the exemption for a period of two years will likely achieve a
level of safety that is equivalent to, or greater than, the level of
safety achieved without the exemption because the metal coils are
grouped and secured together in the longitudinal direction, i.e.,
``unitized,'' with the cargo securement system meeting all of the
aggregate working load limit requirements of 49 CFR 393.106(d).
The exemption is renewed subject to the following requirements,
provided motor carriers using the exemption continue to meet the
aggregate working load limits of 49 CFR 393.106(d).
Coils with eyes crosswise: If coils are loaded to contact each
other in the longitudinal direction, and relative motion between coils,
and between coils and the vehicle, is prevented by tiedown assemblies
and timbers:
(1) Only the foremost and rearmost coils must be secured with
timbers having a nominal cross section of 4 x 4 inches or more and a
length which is at least 75 percent of the width of the coil or row of
coils, tightly placed against both the front and rear sides of the row
of coils and restrained to prevent movement of the coils in the forward
and rearward directions; and
(2) The first and last coils in a row of coils must be secured with
a tiedown assembly restricting against forward and rearward motion,
respectively. Each additional coil in the row of coils must be secured
to the trailer using a tiedown assembly.
The exemption will be valid for two years unless rescinded earlier
by FMCSA. The exemption will be rescinded if: (1) Motor carriers and/or
commercial motor vehicles fail to comply with the terms and conditions
of the exemption; (2) the exemption has resulted in a lower level of
safety than was maintained before it was granted; or (3) continuation
of the exemption would not be consistent with the goals and objectives
of 49 U.S.C. 31136(e) and 31315.

Preemption

During the period the exemption is in effect, no State shall
enforce any law or regulation that conflicts with this exemption with
respect to a person operating under the exemption.

Request for Comments

FMCSA requests comments from parties with data concerning the
safety record of motor carriers transporting groups of metal coils with
eyes crosswise, in accordance with the conditions of the original
exemption, by July 6, 2015. The Agency will evaluate any adverse
evidence submitted and, if safety is being compromised or if
continuation of the exemption would not be consistent with the goals
and objectives of 49 U.S.C. 31136(e) and 31315(b)(1), FMCSA will take
immediate steps to revoke the FCSG exemption.

Issued on: May 21, 2015.
T.F. Scott Darling, III,
Chief Counsel.
[FR Doc. 2015-13655 Filed 6-3-15; 8:45 am]
BILLING CODE 4910-EX-P

Federal Register / Vol. 80, No. 107 / Thursday, June 4, 2015 / Notices 31957

has resulted in any degradation in July 6, 2015. The Agency will evaluate 1200 New Jersey Avenue SE.,
safety. The Agency believes that any adverse evidence submitted and, if Washington, DC, between 9 a.m. and 5
extending the exemption for a period of safety is being compromised or if p.m., Monday through Friday, except
two years will likely achieve a level of continuation of the exemption would Federal Holidays.
safety that is equivalent to, or greater not be consistent with the goals and • Fax: 1–202–493–2251.
than, the level of safety achieved objectives of 49 U.S.C. 31136(e) and Instructions: Each submission must
without the exemption because the 31315(b)(1), FMCSA will take include the Agency name and the
metal coils are grouped and secured immediate steps to revoke the FCSG docket number for this notice. Note that
together in the longitudinal direction, exemption. DOT posts all comments received
i.e., ‘‘unitized,’’ with the cargo Issued on: May 21, 2015. without change to http://
securement system meeting all of the T.F. Scott Darling, III,
www.regulations.gov, including any
aggregate working load limit personal information included in a
Chief Counsel.
requirements of 49 CFR 393.106(d). comment. Please see the Privacy Act
The exemption is renewed subject to [FR Doc. 2015–13655 Filed 6–3–15; 8:45 am]
heading below.
the following requirements, provided BILLING CODE 4910–EX–P Docket: For access to the docket to
motor carriers using the exemption read background documents or
continue to meet the aggregate working comments, go to http://
load limits of 49 CFR 393.106(d). DEPARTMENT OF TRANSPORTATION www.regulations.gov at any time or
Coils with eyes crosswise: If coils are Room W12–140 on the ground level of
Federal Motor Carrier Safety
loaded to contact each other in the the West Building, 1200 New Jersey
Administration
longitudinal direction, and relative Avenue SE., Washington, DC, between 9
motion between coils, and between coils [Docket No. FMCSA–1999–5748; FMCSA– a.m. and 5 p.m., Monday through
and the vehicle, is prevented by 2006–26653; FMCSA–2008–0398] Friday, except Federal holidays. The
tiedown assemblies and timbers: Federal Docket Management System
(1) Only the foremost and rearmost Qualification of Drivers; Exemption
(FDMS) is available 24 hours each day,
coils must be secured with timbers Applications; Vision
365 days each year. If you want
having a nominal cross section of 4 x 4 AGENCY: Federal Motor Carrier Safety acknowledgment that we received your
inches or more and a length which is at Administration (FMCSA), DOT. comments, please include a self-
least 75 percent of the width of the coil ACTION: Notice of renewal of addressed, stamped envelope or
or row of coils, tightly placed against exemptions; request for comments. postcard or print the acknowledgement
both the front and rear sides of the row page that appears after submitting
of coils and restrained to prevent SUMMARY: FMCSA announces its comments on-line.
movement of the coils in the forward decision to renew the exemptions from Privacy Act: In accordance with 5
and rearward directions; and the vision requirement in the Federal U.S.C. 553(c), DOT solicits comments
(2) The first and last coils in a row of Motor Carrier Safety Regulations for 14 from the public to better inform its
coils must be secured with a tiedown individuals. FMCSA has statutory rulemaking process. DOT posts these
assembly restricting against forward and authority to exempt individuals from comments, without edit, including any
rearward motion, respectively. Each the vision requirement if the personal information the commenter
additional coil in the row of coils must exemptions granted will not provides, to www.regulations.gov, as
be secured to the trailer using a tiedown compromise safety. The Agency has described in the system of records
assembly. concluded that granting these notice (DOT/ALL–14 FDMS), which can
The exemption will be valid for two exemption renewals will provide a level be reviewed at www.dot.gov/privacy.
years unless rescinded earlier by of safety that is equivalent to or greater FOR FURTHER INFORMATION CONTACT:
FMCSA. The exemption will be than the level of safety maintained Charles A. Horan, III, Director, Carrier,
rescinded if: (1) Motor carriers and/or without the exemptions for these Driver and Vehicle Safety Standards,
commercial motor vehicles fail to commercial motor vehicle (CMV) 202–366–4001, fmcsamedical@dot.gov,
comply with the terms and conditions drivers. FMCSA, Department of Transportation,
of the exemption; (2) the exemption has
DATES: This decision is effective July 2, 1200 New Jersey Avenue SE., Room
resulted in a lower level of safety than
2015. Comments must be received on or W64–224, Washington, DC 20590–0001.
was maintained before it was granted; or
before July 6, 2015. Office hours are from 8:30 a.m. to 5 p.m.
(3) continuation of the exemption would
ADDRESSES: You may submit comments Monday through Friday, except Federal
not be consistent with the goals and
bearing the Federal Docket Management holidays.
objectives of 49 U.S.C. 31136(e) and
31315. System (FDMS) numbers: Docket No. SUPPLEMENTARY INFORMATION:
[Docket No. FMCSA–1999–5748;
Preemption I. Background
FMCSA–2006–26653; FMCSA–2008–
During the period the exemption is in 0398], using any of the following Under 49 U.S.C. 31136(e) and 31315,
effect, no State shall enforce any law or methods: FMCSA may renew an exemption from
regulation that conflicts with this • Federal eRulemaking Portal: Go to the vision requirements in 49 CFR
exemption with respect to a person http://www.regulations.gov. Follow the 391.41(b)(10), which applies to drivers
operating under the exemption. on-line instructions for submitting of CMVs in interstate commerce, for a
wreier-aviles on DSK5TPTVN1PROD with NOTICES

comments. two-year period if it finds ‘‘such
Request for Comments • Mail: Docket Management Facility; exemption would likely achieve a level
FMCSA requests comments from U.S. Department of Transportation, of safety that is equivalent to or greater
parties with data concerning the safety 1200 New Jersey Avenue SE., West than the level that would be achieved
record of motor carriers transporting Building Ground Floor, Room W12–140, absent such exemption.’’ The
groups of metal coils with eyes Washington, DC 20590–0001. procedures for requesting an exemption
crosswise, in accordance with the • Hand Delivery or Courier: West (including renewals) are set out in 49
conditions of the original exemption, by Building Ground Floor, Room W12–140, CFR part 381.

VerDate Sep<11>2014 15:33 Jun 03, 2015 Jkt 235001 PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 E:\FR\FM\04JNN1.SGM 04JNN1

Document Created: 2015-12-15 15:24:17
Document Modified: 2015-12-15 15:24:17

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of renewal of exemption; request for comments.
Dates		This decision is effective June 4, 2015. Comments must be received on or before July 6, 2015.
Contact		Mr. Luke W. Loy, Vehicle and Roadside Operations Division, Office of Bus and Truck Standards and Operations, MC-PSV, (202) 366-0676, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
FR Citation		80 FR 31956

80 FR 31956 - Parts and Accessories Necessary for Safe Operation; Exemption Renewal for the Flatbed Carrier Safety Group

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 107 (June 4, 2015)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration